Outlines of Suretyship and GuarantyCallaghan and Company, 1927 - 620 страница |
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Страница iv
... applying the old principles of the law of suretyship and guar- anty to the compensated surety , certain new doctrines have developed with which the student and practitioner must acquaint himself . The increasing number of statutes ...
... applying the old principles of the law of suretyship and guar- anty to the compensated surety , certain new doctrines have developed with which the student and practitioner must acquaint himself . The increasing number of statutes ...
Страница 6
... applied to a con- tract as to the title , quality or quantity of the thing sold . . ; and guaranty is held to be the con- tract by which one person is bound to another for the due fulfillment of a promise or engagement of a third party ...
... applied to a con- tract as to the title , quality or quantity of the thing sold . . ; and guaranty is held to be the con- tract by which one person is bound to another for the due fulfillment of a promise or engagement of a third party ...
Страница 10
... applied to guarantors , but rather the rules of the law mer- chant ; " Courtis v . Dennis ( 1844 ) 7 Met . ( Mass . ) 510 , 518 . Brandt ( 1905 , 3d Ed . ) Sec . 2. But the Ohio Supreme Court , in Castle v . Rickly ( 1886 ) 44 Oh . St ...
... applied to guarantors , but rather the rules of the law mer- chant ; " Courtis v . Dennis ( 1844 ) 7 Met . ( Mass . ) 510 , 518 . Brandt ( 1905 , 3d Ed . ) Sec . 2. But the Ohio Supreme Court , in Castle v . Rickly ( 1886 ) 44 Oh . St ...
Страница 52
... applied the duress.48 § 34. Non - disclosure by the obligee of material facts . The obligee owes a duty to disclose any facts within his knowledge which might affect the decision of the surety as to whether he would become bound for the ...
... applied the duress.48 § 34. Non - disclosure by the obligee of material facts . The obligee owes a duty to disclose any facts within his knowledge which might affect the decision of the surety as to whether he would become bound for the ...
Страница 73
... applied to the discharge of his debt to the promisee , a new consideration moving between the principal and the promisor is necessary to enable the enforcement of the promise by the obligee . Con- sideration between the promisor and the ...
... applied to the discharge of his debt to the promisee , a new consideration moving between the principal and the promisor is necessary to enable the enforcement of the promise by the obligee . Con- sideration between the promisor and the ...
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Друга издања - Прикажи све
Чести термини и фразе
action Adm'r agreement amount appeal bond assumpsit attachment authority bail bail bond bankrupt Bankruptcy Act benefit bound cipal claim co-sureties collateral common law compensated surety consideration contract contribution court of equity creditor default defendant discharge in bankruptcy duty effect enforce entitled equity execution executor fact Fidelity filing given guar guarantor guaranty held indemnify indemnity indorser insolvent joint judgment jurisdiction Justice liability lien Maryland Casualty Co Mass ment mortgage National Bank Negotiable Instruments obligee obligor officer opinion original paid party pay the debt payee payment plaintiff principal and surety principal debtor principal's debt prior promisor promissory note provable reason recover reimbursement release rule ruptcy signed statute of frauds statute of limitations subrogation supra Supreme Court Surety Bonds surety's suretyship third person tion Trust undertaking verbal promise
Популарни одломци
Страница 175 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Страница 337 - That all levies, judgments, attachments, or other liens obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Страница 87 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Страница 300 - Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the said Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Страница 61 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Страница 506 - State of principal, and (a corporation organized and existing under the laws of ) surety, are held and firmly bound unto the United States Housing Corporation in the penal sum of dollars, lawful money of the United States, for the payment of which, well and truly to be made to the United States Housing Corporation, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Страница 518 - America to the payment of which, well and truly to be made, We bind ourselves, our, and each of our heirs, Executors, and Administrators, Jointly and severally, firmly by these presents...
Страница 61 - No action shall be brought . . . whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person . . . unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person 'thereunto by him lawfully authorized.
Страница 300 - Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them...
Страница 143 - primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily